http://classic.austlii.edu.au/au/journals/JCULawRw/2024/11.html WebMar 20, 2024 · In 2024 the Australian High Court decided the case of Love v Commonwealth; Thoms v Commonwealth, a claim of constitutional belonging by two Aboriginal men. The Court was fractured in its reasoning and conclusion, a majority deciding that ‘Aboriginal Australians’ cannot be aliens.
Love and Thoms: Implications for Indigenous Constitutional …
WebFeb 23, 2024 · In Love v Commonwealth; Thoms v Commonwealth (2024) 94 ALJR 198 the Court was asked whether two Aboriginal people – Daniel Love and Brendan Thoms – who were not citizens of Australia could be deported under the Migration Act 1958 (Cth) as … WebThe majority held that Mr Thoms is an Aboriginal Australian and therefore cannot be subject to the provisions applying to unlawful non-citizens within the meaning of the Migration Act, but Nettle J was not prepared to find that Mr Love fulfilled the tripartite test, holding it necessary for the Federal Court of Australia to find the relevant facts and, on that basis, to … east coast investigative services hingham ma
Radical High Court Divides Australia By Race - Institute of Public …
WebMay 1, 2024 · Pell v The Queen [2024] HCA 12. Kadir v The Queen; Grech v The Queen [2024] HCA 1. Comptroller-General of Customs v Pharm-A-Care Laboratories Pty Ltd [2024] HCA 2. Love v Commonwealth of Australia; Thoms v Commonwealth of Australia [2024] HCA 3. Australian Securities and Investments Commission v King [2024] HCA 4. WebAug 9, 2024 · In Love v Commonwealth (Love), Justice Gordon commenced her reasons for judgment with the following statement: 1 “The fundamental premise from which the decision in Mabo v Queensland (No.2) proceeds – the deeper truth – is that the Indigenous peoples of Australia are the first peoples of this country, and the connection between the … WebMar 4, 2024 · Love and Thoms v. Commonwealth, according to Justice Nettle, would have torn the organic whole of society asunder if it were not to recognise again in 2024 that the land was not terra nullius and ... east coast investigations inc